Saturday, February 14, 2015

Who decides?

Justice Antonin Scalia was at an event at George Washington University. One of the things he said:
The issue of gay rights, on abortion, on many of the issues in which [Justice Ruth Bader Ginsburg]'s opinions and mine differ does not pertain to the substance. It doesn't pertain to whether gay people ought to have those rights or whether there ought to be a constitutional right or a right to an abortion. That isn't the issue. The issue is who decides. That's all. I don't have any public views on any of those things. The point is who decides? Should these decisions be made by the Supreme Court without any text in the Constitution or any history in the Constitution to support imposing on the whole country or is it a matter left to the people? But don't paint me as anti-gay or anti-abortion or anything else. All I'm doing on the Supreme Court is opining about who should decide.
I'm not sure whether I should rant in outrage – or laugh. Don't paint him as anti-gay? What about his rants in dissents to pro-gay rulings over the last 20 years? Isn't one of the tasks of the Supremes to prevent tyranny of the majority? But enough. Melissa McEwen of Shakesville and her commenters do a much better takedown than I want to bother with.

No comments:

Post a Comment